Canadian Immigration Questions and Answers with Attorney David Cohen

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. These questions cover immigration programs, eligibility, processing, language requirements, investing in Canada, landing, admissibility, studying in Canada, working in Canada, and much more.

Here are this month’s questions and answers.

1. I am a Canadian citizen and I submitted an application to sponsor my parents under the family sponsorship (Parent and Grandparent) program in January, 2014. My wife is a permanent resident of Canada. My question is that if I move to USA for a new job, does this affect the application of my parents sponsorship? Can they still land in Canada as permanent residents and I will be there to receive them, even though I live in USA for work?

In order for a Canadian citizen or permanent resident to sponsor his or her parents under the Parent and Grandparent Program (PGP), he or she must:

be 18 years of age or older;

be a Canadian citizen, Registered Indian or permanent resident;

be sponsoring a member of the family Class;

live in Canada;

sign an undertaking promising to provide for the basic requirements of the person being sponsored;

sign an agreement with the person being sponsored that confirms that each party understands their mutual obligations and responsibilities;

prove sufficient income to provide the basic requirements for the family members in Canada as well as the persons included in the sponsorship undertaking.

Further, the sponsor must also remain eligible as a sponsor until a final decision is made on the application. Therefore, if a sponsor changes the country in which he or she is ordinarily residing from Canada to any other country (including the United States), the application may be refused.

2. I want to ask if it allowed or possible to apply for a PNP in more than one province. For example, if I apply to Alberta, can I also apply to B.C.?

While each Provincial Nominee Program (PNP) may have slightly different requirements, one thing that is typically required across the board is the submission of a settlement plan. This plan requires the applicant to provide detailed information about his or her personal goals upon landing in the given province. A settlement plan requires an applicant, either implicitly or explicitly (depending on the province in question), to commit to an intention to reside in that province.

There are, however, historical precedents whereby candidates may make simultaneous applications to more than one Canadian immigration program. For example, according to the governments of Quebec and Canada, individuals can submit an Express Entry profile and submit an application under the Quebec Skilled Worker Program (QSWP), provided that one or the other is withdrawn when either a Quebec Selection Certificate/certificat de selection du Québec (CSQ) or Invitation to Apply (ITA) is issued (though it should be noted that the QSWP is not a PNP). Candidates for immigration to Canada weighing up their options may be in a position to pursue more than one PNP. Nevertheless, there are a number of variables that may have an effect on such a decision, such as whether the particular PNP stream(s) operates on an Expression of Interest or first-come, first-served basis, whether the PNP stream(s) in question is an enhanced or base PNP stream, and how far into the process an individual may go before the applicant must choose which PNP is ultimately the best one for his or her objectives.

3. My wife has applied to study a course in international business management at St.Clair College, beginning September, 2016, and I wish to accompany her and support her stay, both emotionally as well as financially. Is it possible to come to Canada with her?

Under Canadian immigration regulations, foreign spouses and common-law partners of temporary foreign workers and foreign students, who themselves want to work in Canada, may be able to obtain an open work permit.

The spouse or common-law partner of an international student in Canada may apply for a work permit if:

The international student is studying at:

a public post-secondary institution, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,

a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify), or

a Canadian private institution authorized by provincial statute to confer degrees; and

The international student has a valid study permit.

For spouses and common-law partners, open work permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.

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Comments

Richard Lottsays

March 3, 2016

My wife has dual citizenship ( canadian & us)
She has not lived in Canada for years. I olny have us citizenship!
We are both retired. Is it possible for us to move to canada and live out our retirement years in Canada? If so…. what are the requirements?

Atty.David Cohen, can i sponsor my grandson to come here in Canada to live with us and study here? He is 15 years old and the mother is working in another country.
Thank you for your time to read and answer my inquiry.

My sister lives in Venezuela. Her daughter (became Canadian Citizen) is sponsoring her. She is just waiting for the final interview. Her medical etc done. Her application says processing on August 2016. My question is this: Can she wait in Mexico City (Canadian embassy for Venezuela location) or in Canada (she has a valid visa) until the interview date? We want her out of Venezuela as the conditions are deteriorating. How long is the processing going to take? Thank you in advance for any and all help!

Hi
I am a Syrian nationality and I am living in Canada as a refugee (Protected person) since September 2014 , I got the judge approval on January 4th , 2015 then I applied for the permanent resident on January 19th , 2015 .
I informed by the immigration on September 19th , 2015 that I am eligible to get the permanent resident
In the same E-mail the immigration requested me to submit the papers for my wife and two kids which they are living in Syria to get their visas ready I did all the necessary steps including the medical tests , two months back the Canadian embassy in Amman asked me to send all the passports in order to stamp the visas , I submitted the passports on December 22nd , 2015 and until now I got nothing , I sent an E-mail to them asking when I can get the passport ready ? their reply was they will not be able to print the visas until I get my permanent resident .
My wife and two kids (Son 5 years old, Daughter 2 Years old)are living in very bad situation Syria and i tried to call the immigration so many times to know when i will get my PR in order to bring my family to Canada but no one helped me .

i just need to know what i have to do to get my permanent resident ready ?
is there any way to speed up the processing time ?
is there any way to bring my family to Canada ?

Respected sir,
My question is related to MPNP. It is very long time since last draw wrt EOI ( last draw occured on 13th january,2016).May I know, is it due to provincial election or for other reason?
I will be very obliged to you sir, if you can say something on it.

Respected Attorney David Cohen,
Thank you for your efforts to answer the relevant questions about immigration.My question: I have applied for immigration to Canada through Canadian Visa Expert. So is it legal company or scammers.
Thanks in advance

i am a nepali people iwant to work and live in canada i am working now conservation area project in nepal the post of accountant and adminstative assistant in this field can i apply canada any post please tell me
bikash adhikari

What is the method of applying for permanent residence for people who have completed their studies in Canada ? What are the eligibility criteria for applying for PR after completion of studies ? Can students completing a one year course be eligible to apply for PR ?

i want to ask you question , i have 2 years experience , doing well in ielts and want to immigrate in canada for permanent residence. I have lack of funds and not proper job offer , what can i do , may i go for Master studies in canada or apply through express entry by acquiring job offer , any other way to accommodate in canada , may you help me in this regard , thanks

I have applied to study a course in Physical therapy assistant at Norquest college, Edmonton, Alberta, beginning September 2016, and I wish to take my baby girl with me. She will be a year old by July 2016. Taking care of her won’t be a problem as we will be staying with my brother in law and family in Edmonton. Is it possible for visa to be granted to both of us?

Hello, I came here as student in Canada, than I had workpermit and now I have PNP. I have NZ visa. But I dint mention about NZ refusal in any of my previous Canada application, it was my mistake, I was misguided by my friends saying they don’t want NZ refusal as they share database. Anyway damage is done. I am planning to mention in my pr application now, do you think shld I mention it ? If I do wil I b charge with immigration history misreprestation ? Shld I add LOE? Pls do reply

Hello mr. David Cohen
I’m hold temporary working visa, and soon gone be full two year how long I work in Canada.
Now need to know if I open Company here in Canada or by truck for business, can that help me to get PR or open work permit?
Thank you

Sir, my name is rohan.
My question is how much additional points we can expect to increase under the Entry Express immigration selection system from May 2016 to provide more opportunities for applicants who have Canadian siblings
Atleast sir please make wild guess.
Thanks im advance

I have already submitted my application for Express Entry. If I get the student visa and start my study in Canada. Can it hold my Express Entry Application until my study completes.
Please guide me
Thanks

Hi David. I have a question and shall appreciate for your reply. I just read some proposals of new Canadian govt to give spouse PR status right way he/she when enters Canada. My Q is is this Govt going to cut down the time for processing of spousal immigration process which is approximately 18- 24 months at present?

I met Someone he is Canadian and he has company in Canada for immigration Services and he told me about the visas for me and my family and my brothers family for sponsors visa , he asking for his services for each family C$ 10000 and for the sponsors U$ 26000 for one year and he told us for 26000 they will makes contract with us and they give us the 26000 by 12 no of chique by 12 months that is true , i asked him about the contract with legalization or not answers not only between us and the sponsors .
please inform us if that good way to go to Canada or you have others ,Note we are Syrian and we live in Qatar .

Dear immigration.
I hope this letters finds you in good health So nice to see immigrant visas.. I am very anxious to visit Canada. Hope I will get the chance to come to Canada and show my efforts. I am working in the village as a gents tailor and fruit bussiness i am from igatpuri disrict t nashik.. I am originally from india .
Best of wishes. Regards from Asif Khan

My question is when will the government process old refugees claim?. It bite my ambitious that some of us have been living here now for more than four years paying taxes but yet nothing have been done with ours files. we have been left in a limbo while our families are still going under server torture in those corrupted countries.

Dear Immigration,
I leave in Canada together with my family we are Canadian citizen now and right now i’m sponsoring my brother together with his family under MPNP ,they are leaving right now in Dubai . There application are now at the Federal Immigration ,they already have the UCI file number and application number which they already paid and received the acknowlegment receipt. The last time that the immigration communicate with them is last week of February 2016 and when they always check their status it said still application on processing,its been six months now and we are still waiting for the next step they will do ,they haven’t receive any e-mail or letter coming from immigration. Hope you can help us and have a good day,thank you in advance for the answer too.
Sincerely,
Luisa

As you said, international students spouse are eligible for open work permit then why application my application rejected by saying “family ties back to your home country even though I have sufficient funds to stay in Canada up to my wife’s study ends.

My application has been rejected two time. My wife is international student in Canada. Rejection reason is “family ties back to your country”. I personally want you to plz respond me on above mentioned e-mail.